Page:United States Statutes at Large Volume 102 Part 2.djvu/621

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-430—SEPT. 13, 1988

102 STAT. 1625

SEC. 8. ENFORCEMENT CHANGES. 1 Title VIII is amended— (1) by redesignating sections 815 through 819 as sections 816 42 USC through 820, respectively; and 3615-3619. (2) by striking out sections 810 through 813 and inserting in 42 USC lieu thereof the following: 3610-3613. "ADMINISTRATIVE ENFORCEMENT; PRELIMINARY MATTERS

"SEC. 810. (a) COMPLAINTS AND ANSWERS.—(l)(A)(i) An aggrieved

person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the Secretary alleging such discriminatory housing practice. The Secretary, on the Secretary's own initiative, may also file such a complaint. "(ii) Such complaints shall be in writing and shall contain such information and be in such form as the Secretary requires. "(iii) The Secretary may also investigate housing practices to determine whether a complaint should be brought under this section. "(B) Upon the filing of such a complaint— "(i) the Secretary shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under this title; "(ii) the Secretary shall, not later than 10 days after such filing or the identification of an additional respondent under paragraph (2), serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural righte and obligations of respondents under this title, together with a copy of the original complaint; "(iii) each respondent may file, not later than 10 days after receipt of notice from the Secretary, an answer to such complaint; and "(iv) the Secretary shall make an investigation of the alleged discriminatory housing practice and complete such investigation within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (fK2) with respect to a complaint, within 100 days after the commencement of such further action), unless it is impracticable to do so. "(C) If the Secretary is unable to complete the investigation within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (fK2) with respect to a complaint, within 100 days after the commencement of such further action), the Secretary shall notify the complainant and respondent in writing of the reasons for not doing so. "(D) Complaints and answers shall be under oath or affirmation, and may be reasonably and fairly amended at any time. "(2)(A) A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of investigation, may be joined as an additional or substitute respondent upon written notice, under paragraph (1), to such person, from the Secretary. "(B) Such notice, in addition to meeting the requirements of paragraph (1), shall explain the basis for the Secretary's belief that the person to whom the notice is addressed is properly joined as a respondent.

42 USC 3610.